The Age of the Two Laws

Guest Post by The Zman

For as long as I have been alive, I’ve understood that the law does not treat everyone equally. We have the theory, all men are equal before the law, but in practice it is something different. This is the product of growing up poor. A poor man, who gets jammed up on a small crime, is going to get processed. That means he will get a public defender, who will negotiate terms with the state. If he hires an attorney, that lawyer will do the same thing, but maybe pulling in a favor from a buddy to get a better deal.

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On the other hand, a rich guy will hire a team of lawyers and put so much pressure on the prosecutor, that the roles will be reversed. The state will cry uncle and take the best deal they can just to be done with the case. Joe Biden’s niece, for example, avoided serious punishment for a crime that would put most people in jail. The thing is, this is not a defect in the law. It is the way the world has always been. The rich and powerful have access to all the resources they need to get the best deal they can from the law.

That has always been tolerable as people have always accepted that human societies are hierarchical. The people at the top are at the top for a reason and being at the top comes with benefits, which is why people want to be at the top. Lately though, a new thing is turning up in the law. Slowly, we are seeing a second legal system, a shadow system, evolve alongside, and in some cases displacing, the old legal system. This new legal system is sort of like what anarcho-libertarians imagine. It’s private and transactional.

Instead of relying on the old law, large social organizations, like universities and corporations, are slowly creating a parallel legal system to adjudicate problems that are unique to them. The college campus is the most obvious example. The imaginary rape culture on campus has spawned a new legal system for addressing it. You see it in this story about Michigan State. The cops are in a secondary role, as the university addresses its more pressing issues, while relying on its own legal mechanisms.

Here we have four players accused of sexually assaulting a woman. Instead of the cops treating this like any other criminal complaint, the school is in charge of the investigation and the cops are on the sideline. The school brought in a law firm to do an investigation, provide the cops with evidence and then conduct a wide ranging evaluation of school policy and senior personnel. They have also tried and judged the players, removing them from campus and kicking them off the football team.

This is not an exception. Baylor University did the same thing when they had a similar issue with the football team. To date, one guy has been charged with an actual crime, but dozens of men have been cast into the outer darkness as punishment, for violating secret rules. The school president was forced into exile and the football coach as been banished. He will never work again, despite having done nothing illegal nor violating the terms of his contract. He was tried and convicted in the private legal system.

What we are seeing develop is a separate legal system for the managerial class. Unlike the criminal system, they are not going to have jails and incarcerate offenders. Instead, the land of the Dirt People will be their prison and you will be the tormentor of the condemned. For now, people accused of real crimes, like those MSU players, will be marched out of the kingdom and handed over to the “authorities” for prosecution, but they have been found guilty by the school and cast back into the land of the Dirt People.

The temptation is to say that the schools are responding to the threat of litigation, but that’s a trivial matter. A sad coed can be bought off for a few hundred grand, less than the cost of a low level administrator. The real issue is culture. The people inside want to enforce their values and will do so ruthlessly. The people sent into exile are a warning to those who remain inside. There’s a code of conduct and violations of those rules, as interpreted by those in charge, can result in the ultimate punishment, exile from The Cloud.

This is what we’re seeing with social media. Our rulers like to pay lip service to civil liberties, but they would much prefer it if they could do away with all of them. To that end, crack downs on political expression have been outsourced to media companies. When Theresa May promised to throw more yobs in jail for being mean to the Muslims, she was sending a signal to the big media companies that they need to crack down on dissent and that means banning people who say unapproved things.

This is anarcho-tyranny refined into a social system. The state is unable to perform its basic functions, but it is adept at working with private business to push around the law abiding citizens. There will now be a second legal system run by global corporations to police the speech of citizens. Instead of putting trouble makers in prison, however, they will put them on mute, making it hard for them to communicate their grievances. Users will not voice their complaints to the law. They will appeal to someone is customer support.

That’s where you see the motivation behind the evolution of this parallel legal system we are seeing with the Cloud People. Like so much of neo-liberalism, it is cloaked in libertarian arguments about private entities setting their own policies, but that’s only so it can avoid defending itself in open court or the court of public opinion. In the old law, the process determined your guilt and then your punishment. In the new law, the process is the punishment and a weapon to enforce conformity and submission.

Like so much of the managerial state, it is not clear if it is sustainable in the medium run, much less the long run. Increasingly, males on campus are using the old law as a weapon against the new law. Falsely accused males are hiring attorneys who will do what the new law is too afraid to do and that’s examine these accusers. Most of these claims by coeds are dubious and some are criminal, abetted by college administrators. Eventually, one of these will become a vehicle for a very big lawsuit and settlement.

On the other hand, the future is not written. Thirty years ago, it was laughable to suggest homosexual marriage was a right. The willingness of the old law to submit to the new law is what will be tested over time. So far, the indications are the cops and prosecutors are OK with handing over their authority to colleges and corporations. Maybe the courts, staffed as they are with Cloud People, will happily go along with this new shadow system and all of us will become serfs on one social media platform or another.